Although my comments are unlikely to alter the outcome and what I believe will be a tragedy will be implemented, I want to be on record. I absolutely, without reservation, oppose the filing of the proposed petition — whether amended or not. The previous comments, arguments and objections of my learned colleagues, the Honorable Jim Tiemstra and Honorable Fred Hopengarten, are meritorious and should be heeded. Those comments notwithstanding, the reasons against the filing of a petition containing the requested rulings are legion and have been previously covered extensively by the experts in this area, but a detailed presentation of those reasons would do little to halt what bears the indicia of an almost blind religious race toward the edge of the precipice. Were the outcome not so potentially damaging to Amateur Radio, our Members and this League, I would just buy some popcorn, pour a quality single malt, sit back and enjoy the debacle. But, it is and I can't and I won't. IF, IF, initiating a rule making petition had merit, it would have merit on January 18, 2019. However, the pell-mell rush to file a poorly drafted, almost incoherent, antagonistic, misleading and frankly, a professionally substandard petition — just 15 days before a newly elected Board takes office — and 32 days before a Board meeting — is a cogent argument that the proposal cannot, and would not, stand the sunlight of independent examination. Many, not on this Board, will consider the frantic filing to be a foolish, ego-driven, vindictive end run around a historical change in Board direction. Whether any who read this email are offended by such a view is immaterial, because that may be the conclusion of many and that conclusion could rival the outpouring of dissent we experienced both a year ago and in the recent election. It is both a conclusion and a level of unnecessary dissent that can be easily avoided — and that I believe we should avoid. We can avoid an unnecessarily negative outcome by waiting and permitting both sides the opportunity to argue their case in the open in front of fresh eyes. Regardless of which side of this debate would prevail, both the Members and the public would accept that the final case and course of action would have been made and chosen fairly, with mature examination and with input from all sides. Merit is not an asset that is diminished by the passage of time or thoughtful examination. I fear this filing will be perceived as an end run and may be interpreted by those in DC to be another example of the immaturity of this organization and its unfitness to represent Amateur Radio. It could serve as further support for those who harbor a desire to deregulate Amateur Radio. Not the filing of a petition per se, but the filing of an obviously poorly drafted petition in a perceived rush to avoid the judgment of a new Board and a perceived outcry from a substantial number of Members for at least a modicum of reflection. I am concerned that this filing, founded on what can be argued to be unproven, if not meritless, grounds and authorized by a committee arguably without the authority to do so, may be a Rubicon that should not be crossed. However, the future is not guaranteed. Although all of us see it clearly through the prism of our respective biases and wisdom, history will prove some of us are viewing false images. Perhaps, I am one whose prism is distorted; perhaps I am not. But, if Amateur Radio is to be tossed onto the dust pile of history by ill-conceived actions, I do not wish to be counted with those who history will record as having shouted "Heave Ho!!!" I respectfully oppose the proposed filing of the petition. 73 _______________________________________ John Robert Stratton N5AUS Vice Director Legislative Director West Gulf Division Office:512-445-6262 Cell:512-426-2028 P.O. Box 2232 Austin, Texas 78768-2232 *_______________________________________*** On 12/17/18 2:23 PM, Rick Roderick via arrl-odv wrote:
Hi all:
I've been tied up all day in client training and am on a break before going back in. ODV has been active!
Looks like we have only four Directors requesting a special meeting. Accordingly, Chris is making final revisions from input today and will file the petition.
Thanks to everyone for the feedback and discussion.
Rick
Sent from my iPhone
On Dec 17, 2018, at 12:18 AM, <k5ur@aol.com <mailto:k5ur@aol.com>> <k5ur@aol.com <mailto:k5ur@aol.com>> wrote:
Hi all: I have only heard from two Directors requesting a special board meeting. Anyone else? If so, speak now, please. 73 Rick - K5UR
-----Original Message----- From: Roderick, Rick, K5UR via arrl-odv <arrl-odv@reflector.arrl.org <mailto:arrl-odv@reflector.arrl.org>> To: k6jat <k6jat@comcast.net <mailto:k6jat@comcast.net>> Cc: arrl-odv <arrl-odv@reflector.arrl.org <mailto:arrl-odv@reflector.arrl.org>> Sent: Fri, Dec 14, 2018 1:01 pm Subject: [arrl-odv:27764] Re: Draft petition for rule making
Hi Jim:
Regarding a Special Board Meeting, a provision in Article 4 states:
*Article 4: ...... *Special meetings of the Board shall be called by the President upon written request of a least one half of the membership of the Board as then constituted.
We will need 8 Directors to provide such a request, so counting yours, we will need 7 more.
73 Rick - K5UR
-----Original Message----- From: James Tiemstra <k6jat@comcast.net <mailto:k6jat@comcast.net>> To: Rick Roderick <k5ur@aol.com <mailto:k5ur@aol.com>> Cc: arrl-odv <arrl-odv@reflector.arrl.org <mailto:arrl-odv@reflector.arrl.org>> Sent: Fri, Dec 14, 2018 11:57 am Subject: [arrl-odv:27763] Draft petition for rule making
Dear Rick:
As a follow-up to our prior conversations on this subject, I request that you call for a vote on conducting a Special Meeting of the Board of Directors of the ARRL to consider postponement of the filing of the draft petition for rule making circulated by CEO, Howard Michel, WB2ITX, until after the upcoming Annual Board of Directors meeting next month. The reason for such a postponement would be to allow the newly elected Board to participate in a potentially momentous policy decision by the League, and is based on the following considerations:
1. There is no urgency, much less an emergency, mandating an immediate filing of the draft petition a little more than two weeks before the regularly scheduled annual Board meeting.
2. Postponement is not a decision on the merits of the draft petition which should be carefully and fully considered in January.
3. It is clearly impractical, unrealistic and ultimately unhelpful to request fully informed and well considered comments on the draft petition from individual Board members before December 31, 2018.
4. The existence of prior Board authorization is a fallacy, and begs the question as to why further authority was sought as well as a request for comments; no specific timetable for or contents of the petition were provided to the Board before yesterday.
5. Filing the draft petition now might very likely be seen as an affront to the newly elected Directors, and the campaign platforms upon which they were elected.
6. The Executive Committee's decision to pursue a new request for rule making exceeded its authority which is limited to "[a]pplying /existing Board policy/ to make decisions between Board meetings" (emphasis added, Bylaw 40).
7. The decision of the Executive Committee to proceed now has usurped the Board's authority to review and consider embarking on a new and materially different campaign to implement the Amateur Radio Parity Act.
8. The draft petition is far from being sufficiently refined for filing; it is repetitive, overly argumentative and antagonistic, exaggerates facts, is historically inaccurate, relies too heavily on the failed results of our legislative efforts and overstates the case to the detriment of its argument.
9. At this time, in its present form and absent any specifics of reliance by government officials, the draft petition poses a greater risk of damaging the interests of Amateur Radio Operators and the League than it does in accomplishing anything of near term benefit to those interests.
The proposal to move forward with a new petition for rule making is exactly the type of decision that it is incumbent upon the entire Board, and only the full Board, to make. We all have a fiduciary duty to deliberate and do what is best for Amateur Radio.
Sincerely,
*/Jim Tiemstra, K6JAT/* */Pacific Division Director/*
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